Clarence City Zoning Code
ARTICLE XIVB
Clarence Center Overlay District
§ 229-114.9 Purpose and intent.
In accordance with the recommendations and policies of the Town's comprehensive plan, the Clarence Center Overlay is intended to:
A.
Preserve the character of the Clarence Center community as a hamlet-style area with mixed uses set in a historical context.
B.
Encourage and enhance the principals of traditional neighborhood design, which call for a mixture of uses, improved walkability/connectivity, enhancement of neighborhood appeal, preservation of community character, etc.
C.
Continue and complement the design elements associated with the streetscape design for the overlay district.
D.
Maintain and improve the traffic conditions and the walkability and pedestrian circulation of the area as development and redevelopment take place.
E.
Ensure that new buildings or building modifications are harmonious with surrounding structures in their use, scale and design.
F.
Encourage the preservation of existing building and sites in a manner that maintains the historic and distinctive character of the hamlet.
G.
Minimize the removal or destruction of historic, traditional or significant structures or architectural elements in the hamlet.
H.
Allow for a mixture of uses that would allow many existing parcels of land and structures to be utilized without the need for a zoning variance.
§ 229-114.10 Boundaries.
General boundary. The boundaries of the Clarence Center Overlay are represented on the attached map and further called out in the Official Zoning Map as Clarence Center Overlay.
§ 229-114.11 Permitted and accessory uses.
A.
Permitted uses. The uses permitted in the Clarence Center Overlay shall be the same uses as permitted in the underlying zoning districts.
B.
Accessory uses. The accessory uses permitted in the Clarence Center Overlay shall be the same accessory uses as permitted in the underlying zoning district(s).
§ 229-114.12 Effect on subdivision regulations.
The division of lands, regardless of the zoning classification, shall be subject to Chapter 193 of the Code of the Town of Clarence (Subdivision Law). The following special regulations/requirements shall apply to all subdivisions of land within this overlay district:
A.
Central Business District area. In dividing parcels or combining parcels, the number of curb cuts (street access/driveways) to Clarence Center and Goodrich Roads and all secondary roads in the overlay district shall be minimized or reduced where practical. Shared driveways and cross access connections shall be encouraged.
B.
Residential area: no purchasing of properties, tearing homes down and combining parcels to make larger homes and property.
§ 229-114.13 Site design requirements.
A.
Architecture. A three- to five-member Community Character Protection Board shall be appointed by the Town Board to review all site plans submitted for approval within the Clarence Center Overlay Zone. Such Board shall be a recommending body to the Town Board/Planning Board and shall meet as required and requested by the Town Board. (It is not the intent of these requirements to establish or match any particular architectural style or pattern.) In general, the structures should have a hamlet-style appearance and scale and meet the following standards:
(1)
Design elements should follow the Town's Clarence Center Design Guidelines (copies to be obtained from the Town).
(2)
Stoops, open colonnades, open porches, balconies, and bay windows may encroach into the front yard setback.
(3)
There shall be no building(s) that include internally illuminated signs. The color scheme of the signs should remain monotone or two-tone.
(4)
Building design materials shall include stone, brick and natural-appearing materials. In concert with the residential character of the surrounding area, the use of vinyl siding shall also be allowed.
(5)
Blank concrete block walls or sheet metal at street level shall be avoided. Visually interesting activities at the sidewalk edge shall be maintained and/or established to engage pedestrian interest.
(6)
Painting. The Town strongly encourages all structures in the TND Zoning District to use proper contrasts in paint schemes. Trim and foundations should be visually differentiated from the main body of the structure. Also, typically, only traditionally painted materials (such as wood) should be painted. No aluminum, vinyl, or similar hybrids shall be used in color schemes. Property owners should consult the Clarence Center Design Guidelines and the standards set in that document.
(7)
All rooftop units (HVAC) shall be properly screened or located so as not to be visible from the street.
(8)
If a project involves a property that has local historic significance, every effort should be made to preserve the character and integrity of the structure, working with the property owner to utilize all historic preservation options, including pending laws.
(9)
Additions to any building shall respect the original character of the property and surrounding property.
B.
Landscaping. All landscaping shall be designed in accordance with the Streetscape Plan for Main Street in the Clarence Center area. A copy of these design guidelines can be obtained through the Town. For all development projects requiring site plan approval in the Central Business District area, a site plan shall be submitted for review and approval to the Town Landscape Committee and the Clarence Center Community Character Protection Board. The following elements shall be included in the required landscape submittal:
(1)
A site plan showing existing and proposed buildings, walks, driveways, off-street parking, freestanding walls, fences, landscaping and any other site amenities is required.
(a)
Walks. Paved walkways from the existing public sidewalks in the Goodrich and Clarence Center Road right-of-way (R.O.W.) to the interior of the property are required. Materials may include concrete, brick, pre-cast concrete pavers or a combination of materials that are in keeping with the character of the surrounding architecture and streetscape. Asphalt walkways are not permitted.
(b)
Driveways. All new driveways within the Goodrich and Clarence Center Road R.O.W. shall be constructed of concrete, concrete pavers, brick pavers or a combination of materials in keeping with the character of the surrounding architecture and streetscape. Asphalt driveways will be permitted within the R.O.W. A driveway (highway access) permit is required by the New York State Department of Transportation for any new driveway within the roadway R.O.W.
(c)
Screening of off-street parking. All off-street parking areas shall be screened from the street. Screening should be a minimum of 42 inches in height, should be continuous and should conceal the parking area(s) from the street. Methods of screening many include stonewalls, picket fences, evergreen or deciduous hedges, other suitable landscape materials or a combination of materials. All screening should be located inside the applicant's property boundary and should not encroach onto the public sidewalk. Screening should not limit a driver's visibility of the sidewalk or street when exiting any off-street parking lot. Where the driveway intersects the street right-of-way, there should be no fence, wall, hedge or other material higher than 42 inches above grade for a distance of at least 15 feet on either side of the driveway.
(d)
Walls. Walls, which are visible from the street, may be constructed of stone, brick, stucco or a combination of masonry materials and should be in keeping with the character of the surrounding architecture. Concrete block and cast-in-place concrete walls are not permitted.
(e)
Fences. Fences which are visible from the street may be constructed of wood (or a synthetic material simulating wood), ornamental iron or other material in keeping with the character of the surrounding architecture. Picket and ornamental iron are appropriate fence treatments within the district. No corrugated metal, corrugated fiberglass, woven wire, or barbed wire fences will be permitted adjacent to the street right-of-way. A woven wire fence may be allowed if it is screened from the street by the use of an evergreen hedge or other acceptable material.
C.
Other design requirements.
(1)
Signage. The Town of Clarence recognizes that signage is necessary within the Clarence Center area, but like other design elements, there is a responsibility to make sure that such signage respects the character of the historic Clarence Center. The Town strives to maintain signage requirements that compromise neither the design qualities of the Center nor the ability of individual businesses to be successful. All applications for new signs shall be referred to the Community Character Protection Board, as herein established, for review and comment prior to approval by the Town of Clarence Sign Review Board as established under Chapter 181 of the Code of the Town of Clarence.
(2)
Other aesthetic requirements:
(a)
All dumpsters and loading areas shall be screened from the road by landscaping, fencing, or walls.
(b)
Lighting shall adhere to the guidelines set forth in the Clarence Center Design Guidelines.
(c)
Benches, garbage cans, shelters and other small design features shall be compatible with Clarence Center Design Guidelines.
(3)
Parking.
(a)
The Town Board may reduce off-street parking requirements during the site plan review process to one parking space per 1,000 square feet of building space.
(b)
On-street parking may be counted as parking area for a business use if it is directly fronting the business property.
(c)
Cross-access and shared parking agreements may be used to meet the minimum parking requirements for the proposed use.
§ 229-114.14 Underlying zoning district regulations.
Unless specifically addressed in this chapter, all other underlying zoning district regulations shall apply.